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STATE v. CIUFFINI

164 N.J. Super. 145 (1978)

395 A.2d 904

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WALTER S. CIUFFINI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 1978.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender of New Jersey, attorney for appellant (Mr. Philip Elberg, designated counsel, of counsel and on the brief).

Mr. John J. Degnan, Attorney General of New Jersey, attorney for respondent (Ms. Ann Zeloff, Deputy Attorney General, of counsel and on the brief).

Before Judges CONFORD, PRESSLER and KING.

The opinion of the court was delivered by KING, J.A.D.

Defendant was indicted for assault with intent to commit sodomy (N.J.S.A. 2A:90-2), sodomy (N.J.S.A. 2A:143-1) and impairing the morals of a child (N.J.S.A. 2A:96-3). Prior to trial, on the prosecutor's motion, the count charging defendant with impairing the morals of a minor was dismissed because the alleged victim was over 16 at the time of the incident generating the charge. At the conclusion...

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